DOJ: We don’t need warrants for e-mail, Facebook chats
2013 05 09

By Declan McCullagh | CNet

The U.S. Department of Justice and the FBI believe they don’t need a search warrant to review Americans’ e-mails, Facebook chats, Twitter direct messages, and other private files, internal documents reveal.

Government documents obtained by the American Civil Liberties Union and provided to CNET show a split over electronic privacy rights within the Obama administration, with Justice Department prosecutors and investigators privately insisting they’re not legally required to obtain search warrants for e-mail. The IRS, on the other hand, publicly said last month that it would abandon a controversial policy that claimed it could get warrantless access to e-mail correspondence.

The U.S. attorney for Manhattan circulated internal instructions, for instance, saying a subpoena -- a piece of paper signed by a prosecutor, not a judge -- is sufficient to obtain nearly "all records from an ISP." And the U.S. attorney in Houston recently obtained the "contents of stored communications" from an unnamed Internet service provider without securing a warrant signed by a judge first.

"We really can’t have this patchwork system anymore, where agencies get to decide on an ad hoc basis how privacy-protective they’re going to be," says Nathan Wessler, an ACLU staff attorney specializing in privacy topics who obtained the documents through open government laws. "Courts and Congress need to step in."

The Justice Department’s disinclination to seek warrants for private files stored on the servers of companies like Apple, Google, and Microsoft continued even after a federal appeals court in 2010 ruled that warrantless access to e-mail violates the Fourth Amendment. A previously unreleased version of an FBI manual (PDF), last updated two-and-a-half years after the appellate ruling, says field agents "may subpoena" e-mail records from companies "without running afoul of" the Fourth Amendment.

[...]

Read the full article at: cnet.com




Related Articles
Are all telephone calls recorded and accessible to the US government?
Regret Facebook? Here’s an escape route.
CIA admits full monitoring of Facebook and other social networks
Israeli airport security given green light to search tourist emails
The FBI Has Program That Scans Emails For 3,000 Suspicious Phrases
Email and web use ’to be monitored’ under new laws in the UK


Latest News from our Front Page

Hungary’s Orban Bashes Liberal Immigration Policy
2014 08 29
Hungary’s Prime Minister Viktor Orban on Monday lashed out against immigration, setting one of the main policy objectives of his next term in power after winning parliamentary elections in April. “The goal is to cease immigration whatsoever,” said Hungary’s prime minister. “I think the current liberal immigration policy, which is considered obvious and morally based, is hypocrite,” Mr. Orban said. At a ...
China’s “Duplitecture” Cities Mimic the World’s Greatest Architectural Hits
2014 08 29
The best knockoffs in the world are in China. There are plenty of fake designer handbags and Rolexes, but China’s knockoffs go way beyond fashion. There are knockoff Apple stores that look so much like the real thing that some employees believe they are working in real Apple stores. And then there are entire knockoff cities. There are Venices with ...
Kiev loses control of Novoazovsk, rebel troops advance in southeast Ukraine
2014 08 29
Kiev’s troops had to leave the eastern Ukrainian city of Novoazovsk to save their lives, said the country’s Security and Defense Council. The authorities admitted that self-defense forces are advancing and leading a counteroffensive in the southeast. Along with Novoazovsk, Kiev troops have lost control over the villages of Amvrosiivka and Starobeshevo in the Donetsk Region of Eastern Ukraine. According to Ukraine’s ...
Mohammed is most popular name in Oslo
2014 08 29
For the first time in the capital city’s history, Mohammed is the most common name for boys and men, said a study on Thursday. Statistics Norway (Statistisk Sentralbyrå - SSB) has counted the population of Oslo and found that Mohammed is the most common male name in Oslo for the first time ever. Jørgen Ouren of SSB said to NRK: “It is ...
Beaten to Death at McDonald’s
2014 08 29
To the four clean-cut college freshman out on a double date, it had seemed like a typical McDonald’s: spanking clean, well-lighted, and safe. It was in a good neighborhood too, right next to Texas A&M University in College Station -- a campus known for its friendly atmosphere and official down-home greeting: “howdy.” Shortly after 2 A.M. that Sunday, they pulled into ...
More News »